27 August Case Updates Jonathan Ewan Marcus v Edward Quintin Marcus [2024] EWHC 2086 (Ch) 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 12. Responding to questions In the circumstances of the case, including the absence of a timely challenge to lack of form, the judge gave due weight to an expert report and the answers to questions without subtraction for lack of compliance with CPR 35 and rule 3 of the Practice Directions.
15 August Case Updates Charles Steven Bond & Anor v Denise May Webster & Ors [2024] EWHC 1972 (Ch) Psychiatry, 16. Criticism and Complaints, 15. Giving Oral Evidence The claimants mounted an attack in cross-examination on the expertise and competence of an expert in Old Age Psychiatry.
9 August Case Updates Deborah Biggadike v Kamilia El Farra & Anor [2024] EWHC 1688 (KB) Independence, Duty of Expert, 06. Rules and Regulations The judge found that it was entirely artificial to think that sharing a platform speaking at a seminar during (in the case of one expert) or before (in the case of the other) giving evidence would have any effect or impact on the evidence of two expert witnesses in urogynaecology.
12 July Case Updates Hitting all three most common compliance errors in expert reports Personal injury, 16. Criticism and Complaints, 17. Maintaining your professional edge, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 12. Responding to questions, 15. Giving Oral Evidence The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports. Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)
11 July Case Updates GA v EL [2023] EWFC 187 Single joint expert, 09. Being instructed as a Single Joint Expert, Daniels v. Walker, 11. Report Writing, 12. Responding to questions, 13. Experts Discussions and Joint Statements After considering the report from the Single Joint Expert, the Wife in financial remedy proceedings attempted unsuccessfully to make a Daniels v Walker application to adduce evidence from her solely instructed expert. The judge set out the law on Daniels v Walker before applying it to the specifics of the case.
9 July Case Updates The Single Joint Expert and Lord Woolf's staggered approach case management, 09. Being instructed as a Single Joint Expert, Daniels v. Walker, 06. Rules and Regulations, 12. Responding to questions, 13. Experts Discussions and Joint Statements When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the staggered approach recommended by Lord Woolf in Daniels v. Walker. John Seneschall v Trisant Foods Limited & Ors [2024] EWHC 1380 (Ch)
4 July Case Updates When lawyers interfere with a Joint Statement TCC Guide, Civil Procedure Rules, 13. Experts Discussions and Joint Statements The claimants were seeking permission to change their expert after their solicitors admitted they did not comply with applicable rules and guidance on experts' joint statements. Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited & Ors [2024] EWHC 1257 (TCC)
13 May Case Updates Frasers Group plc v Saxo Bank AS & Anor [2024] EWHC 188 (Comm) Civil Procedure Rules, CPR rule 35.10, Litigation privilege, Joint Expert Statements, 07. Receiving Instructions, 09. Being instructed as a Single Joint Expert, 06. Rules and Regulations, 13. Experts Discussions and Joint Statements The judge considered, but did not reach a conclusion on, whether a party's communications with their expert before a joint meeting of experts should be disclosed.
1 May Case Updates Expert evidence and an absent defendant Expert evidence, case management, oral evidence, absent defendant, 06. Rules and Regulations, 15. Giving Oral Evidence A defendant who chose not to attend or be represented at trial, suggested that he might still instruct his expert witness to provide oral evidence. Ben Leeson & Anor v Donald McPherson [2024] EWHC 976 (Ch)
25 April Case Updates A court cannot ignore an unchallenged expert report Uncontested evidence, TUI UK Ltd v Griffiths, Dangerous Dogs Act 1991, 06. Rules and Regulations The High Court found that the Crown Court was bound to accept an uncontested expert report if it did not have a valid reasons for departing from the expert's opinion. Robert Fitzgerald v CPS [2024] EWHC 869 (Admin)